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United States Department of State / Foreign relations of the United States diplomatic papers, 1937. The British Commonwealth, Europe, Near East and Africa

Morocco,   pp. 858-880 PDF (8.5 MB)

Page 863

Ambassador at London and the British Secretary of State for Foreign
  The settlement concluded provides that the British consular courts
in Morocco will be abolished on the entry into force of the Convention,
that is to say, January 1, 1938.
  On that date British nationals will become subject to trial in the
French courts of the Sheriffian Empire under the same conditions as
foreigners belonging to other States which have already renounced the
capitulatory regime. Likewise, the right of protection will cease to
be exercised by Great Britain over certain subjects of the Sultan of
Morocco employed in British Consulates or business firms. Neverthe-
less, in order to take account of certain acquired rights, the persons
concerned, the list of whom will be established by the Residency Gen-
eral of France in Morocco and the Consul General of England at Rabat
in the course of the first half of 1938, will be subject, as long as they
live, to the jurisdiction of the French courts for all cases not arising
from Mohammedan religious law. In accordance with instructions
which I have just received, I have the honor to transmit, herewith, to
Your Excellency the text of the Franco-Britannic Convention and of
its annexes. In proceeding to this communication, I wish to express
to Your Excellency the keen interest which my Government would
take in the conclusion with the Government of the United States of an
agreement similar to that which it has just concluded with the British
  The United States enjoys in Morocco the capitulatory regime by vir-
tue of the treaty concluded between the two powers on September 16,
1836.L3 Article 25 of this Convention reads as follows:
  "The present treaty shall be in force, God helping, during fifty
years; at the expiration of that term, it shall continue to be binding
on the two powers until one of them has notified its intention to de-
part therefrom by notice twelve months in advance, in which case the
effects thereof shall cease at the expiration of the twelve months".
  The above-mentioned Convention between the United States and
Morocco not having been denounced, the United States continues to
benefit by the capitulatory regime in Morocco. In fact, following
the conclusion of the Franco-Britannic agreement it remains today
the last power in a position to avail itself of that regime.
  In advising Your Excellency of the desire of my Government to
conclude with the American Government an agreement which would
put an end to this regime, I take the liberty of recalling to Your Ex-
eellency that during the Conference of Montreux which ended the
  "a William M. Malloy (ed.), Treaties, Conventions, etc., Between the
States of America and Other Powers, 1776-1909 (Washington, Government Print-
ing Office, 1910), vol. I, p. 1212.

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